Journal of the Senate

FIRST REGULAR SESSION


FOURTH DAY--TUESDAY, JANUARY 12, 1999


The Senate met pursuant to adjournment.

Senator Mathewson in the Chair.

The Reverend Carl R. Gauck offered the following prayer:

Gracious and Heavenly Father, Your servants here give You thanks for all Your goodness and loving-kindness to us. Grant, we pray, to give us such an awareness of Your spiritual promptings that we might be about the tasks You have for us to perform, to provide service to the people who elected us and compassion on those who are truly needed. This we ask in Your Holy Name. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

The Journal of the previous day was read and approved.

Senator DePasco announced that photographers from the Senate had been given permission to take pictures in the Senate Chamber.

The following Senators were present during the day's proceedings:

Present--Senators
Banks Bentley Bland Caskey
Childers Clay DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Mathewson Maxwell
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Steelman Stoll Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

RESOLUTIONS

Senators Wiggins, DePasco, Quick, Bland and Kenney offered the following resolution, which was adopted:



SENATE RESOLUTION NO. 54

WHEREAS, the members of the Missouri Senate have been deeply pleased to learn that on Thursday, January 14th, the Jackson County Parks and Recreation Department will conduct a ceremony at 3:30 p.m. at which the Longview Golf Course will be renamed the Fred Arbanas Longview Golf Course; and

WHEREAS, the ceremony is in honor of one of the greatest and deserving citizens in the history of Jackson County, the Honorable Fred Arbanas; and

WHEREAS, Fred Arbanas has served continuously as a member of the Jackson County Legislature since its inception in 1974, taking the place under the county charter of the old Jackson County Court, and has just taken the oath of office for his eighth term; and

WHEREAS, prior to entering elective political office, Fred Arbanas was a professional athlete and an All-Star player for the Kansas City Chiefs, being elected after his retirement to the Kansas City Chiefs Hall of Fame; and

WHEREAS, during twenty six years as a member of the Jackson County Legislature, Fred Arbanas, has stood for the highest standards of honesty, faithful attention to duty, truthfulness with the people, efficiency and good government; and

WHEREAS, in addition to the numerous civic and community projects he has championed, Fred Arbanas has taken a particular interest in the Jackson County Parks and Recreation Department to make parks, lakes and recreation facilities available to all citizens, young and old; and

WHEREAS, under the watchful supervision of Fred Arbanas in cooperation with then County Executive Bill Waris and the late, great Alex George, a fabulous golf course, Longview, second to none, was developed along the shores of the newly created Longview Lake, creating one of the greatest public recreational complexes, not just in Missouri, but in the entire Midwest; and

WHEREAS, it is truly fitting that the government of Jackson County now rename the golf course the Fred Arbanas Longview Golf Course in honor of a great Jackson Countian and a great American;

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate, pause in their deliberations to salute the outstanding accomplishments of Fred Arbanas, express congratulations on the honor of having Longview golf course renamed for him, and extend to Fred Arbanas and all his family our best wishes for many long years continued success, good health and happiness; and

BE IT FURTHER RESOLVED that the Secretary of Senate be instructed to prepare properly inscribed copies of this resolution for Fred Arbanas, Jackson County Legislature, Fred Arbanas Longview Golf Course and the Honorable Bill Waris.



CONCURRENT RESOLUTIONS

Senator Russell offered the following concurrent resolution:

SENATE CONCURRENT RESOLUTION NO. 4

WHEREAS, United Nations Ambassador Peter Burleigh signed the Kyoto Protocol on behalf of the United States this last December; and

WHEREAS, the United States has agreed to reduce greenhouse gas emissions seven percent below 1990 levels in just twelve years; and

WHEREAS, if the Global Climate Treaty is ratified by a two-thirds majority of the United States Senate, over one hundred countries with whom the United States directly competes for international markets, including Mexico, China, India and Argentina, would be totally exempt from the greenhouse gas requirements in the treaty; and

WHEREAS, there appears to be no agreement among the scientific community that human greenhouse gas emissions cause global warming, and scientists at the Oregon Institute of Science and Medicine state: "There is not a shred of persuasive evidence that humans have been responsible for increasing global temperatures."; and

WHEREAS, if the United States Senate ratifies the Global Climate Treaty, studies estimate that legally binding requirements for the reduction of United States greenhouse gases below 1990 emission levels would result in the loss of more than 2.4 million jobs, including the potential loss of nearly fifty thousand Missouri jobs; and

WHEREAS, these same estimates show the requirements would likely result in sharply increased prices for natural gas, propane, gasoline and diesel fuel, and in higher food prices as the result of new restrictions on farmers; and

WHEREAS, despite the federal administration signing the treaty, the Constitution requires the Senate to first debate the issue then vote "yes" or "no" on ratification before it becomes a formal United States treaty; and

WHEREAS, Congress has not conducted a national discussion on the Kyoto Protocol:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate of the Ninetieth General Assembly, First Regular Session, the House of Representatives concurring therein, hereby urge the United States Senate, our Missouri Senators in particular, to hold a national discussion on the Kyoto Protocol and not to ratify the Global Climate Treaty signed in Kyoto, Japan; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the President of the United States, the United States Senate and each member of the Missouri Congressional delegation.



INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:

SB 252-By Rohrbach.

An Act to repeal section 478.625, RSMo 1994, relating to the nineteenth judicial circuit, and to enact in lieu thereof one new section relating to the same subject.

SB 253-By Bland.

An Act to repeal sections 494.425 and 494.430, RSMo 1994, relating to jury service, and to enact in lieu thereof two new sections relating to the same subject.

SB 254-By Bland.

An Act relating to economic development in certain economically depressed areas.

SB 255-By Bland.

An Act to repeal section 59.319, RSMo 1994, relating to user fees collected by the county recorder of deeds, and to enact in lieu thereof one new section relating to the same subject.

SB 256-By Bland.

An Act to repeal sections 375.001, 375.002, 375.003, 375.004, 375.005, 375.007, and 375.008, RSMo 1994, relating to cancellation of insurance policies, and to enact in lieu thereof six new sections relating to the same subject.

SB 257-By Bland.

An Act relating to liquor control, with penalty provisions.

SB 258-By Bland.

An Act relating to academic scholarships for certain motivated and talented students, with penalty provisions.

SB 259-By Jacob.

An Act to repeal sections 494.425 and 494.430, RSMo 1994, relating to jury service, and to enact in lieu thereof two new sections relating to the same subject.

COMMITTEE APPOINTMENTS

President Pro Tem Quick submitted the following committee appointments:

ADMINISTRATION

Senators: Quick, Chair

DePasco, Vice-chair

Johnson

Ehlmann

Flotron



AGING, FAMILIES AND MENTAL HEALTH

Senators: Howard, Chair

Johnson, Vice-chair

Bland

Clay

Bentley

Childers

Sims



AGRICULTURE, CONSERVATION, PARKS AND TOURISM

Senators: Johnson, Chair

Howard, Vice-chair

Caskey

House

Jacob

Stoll

Childers

Graves

Rohrbach

Steelman

Westfall



APPROPRIATIONS

Senators: Goode, Chair

Maxwell, Vice-chair

Wiggins, Vice-chair

Clay

Howard

Johnson

Staples

Kinder

Mueller

Rohrbach

Russell

Singleton

Westfall



CIVIL AND CRIMINAL JURISPRUDENCE

Senators: Caskey, Chair

Banks, Vice-chair

Bland

Goode

House

Bentley

Sims

Singleton

Westfall



COMMERCE AND ENVIRONMENT

Senators: Maxwell, Chair

Mathewson, Vice-chair

Goode

Schneider

Stoll

Ehlmann

Kenney

Kinder

Steelman



EDUCATION

Senators: House, Chair

Johnson, Vice-chair

Caskey

Clay

Jacob

Maxwell

Stoll

Bentley

Kenney

Sims

Steelman

Westfall

Yeckel



ELECTIONS, VETERANS' AFFAIRS AND CORRECTIONS

Senators: Stoll, Chair

Maxwell, Vice-chair

Bland

Howard

Jacob

Ehlmann

Flotron

Rohrbach

Yeckel



ETHICS

Senators: Caskey, Chair

Scott, Vice-chair

Schneider

Wiggins

Kenney

Klarich

Russell

Westfall



FINANCIAL AND GOVERNMENTAL ORGANIZATION

Senators: Clay, Chair

Maxwell, Vice-chair

Howard

Jacob

Mathewson

Bentley

Graves

Kinder

Yeckel



GUBERNATORIAL APPOINTMENTS

Senators: Quick, Chair

Scott, Vice-chair

Banks

DePasco

Mathewson

Staples

Bentley

Flotron

Kinder

Russell

Singleton



INSURANCE AND HOUSING

Senators: Jacob, Chair

House, Vice-chair

Banks

Clay

Howard

Mueller

Rohrbach

Sims

Singleton



JUDICIARY

Senators: Schneider, Chair

Caskey, Vice-chair

Howard

Maxwell

Wiggins

Ehlmann

Kenney

Kinder

Klarich



LABOR AND INDUSTRIAL RELATIONS

Senators: Bland, Chair

Clay, Vice-chair

House

Jacob

Mathewson

Childers

Kinder

Mueller

Yeckel



LOCAL GOVERNMENT AND ECONOMIC DEVELOPMENT

Senators: Mathewson, Chair

Scott, Vice-chair

Johnson

Stoll

Childers

Graves

Klarich



PENSIONS AND GENERAL LAWS

Senators: Scott, Chair

Staples, Vice-chair

DePasco

Quick

Ehlmann

Flotron

Klarich

PUBLIC HEALTH AND WELFARE

Senators: Banks, Chair

Wiggins, Vice-chair

Bland

Jacob

Maxwell

Bentley

Rohrbach

Sims

Singleton



RULES, JOINT RULES AND RESOLUTIONS

Senators: DePasco, Chair

Quick, Vice-chair

Mathewson

Scott

Wiggins

Ehlmann

Mueller

Singleton

Yeckel



STATE BUDGET CONTROL

Senators: Johnson, Chair

Quick, Vice-chair

Banks

DePasco

Goode

Ehlmann

Flotron

Graves

Yeckel



TRANSPORTATION

Senators: Staples, Chair

Mathewson, Vice-chair

DePasco

House

Scott

Childers

Graves

Kenney

Russell



WAYS AND MEANS

Senators: Wiggins, Chair

Stoll, Vice-chair

Caskey

House

Jacob

Schneider

Flotron

Klarich

Mueller

Rohrbach

Steelman



President Pro Tem Quick appointed the following committee, pursuant to HCR 1: Senators Caskey, Ehlmann, House, Jacob, Kinder, Klarich, Maxwell, Russell, Schneider and Wiggins.

INTRODUCTION OF BILLS

The following Bill was read the 1st time and 1,000 copies ordered printed:

SB 260-By Klarich.

An Act to repeal sections 72.400, 72.401, 72.410, 72.416 and 72.422, RSMo Supp. 1998, relating to boundaries of political subdivisions, and to enact in lieu thereof five new sections relating to the same subject, with an emergency clause.

REFERRALS

President Pro Tem Quick referred the Gubernatorial Appointments appearing on pages 22 through 43 of the Senate Journal for Wednesday, January 6, 1999, and the addendums appearing on page 65 of the Senate Journal for Monday, January 11, 1999, to the Committee on Gubernatorial Appointments.

President Pro Tem Quick referred SCR 1, SCR 2 and SCR 3 to the Committee on Rules, Joint Rules and Resolutions.

President Wilson assumed the Chair.

SECOND READING OF SENATE BILLS

The following Bills and Joint Resolutions were read the 2nd time and referred to the Committees indicated:

SB 1--Judiciary.

SB 2--Financial and Governmental Organi-zation.

SB 3--Ways and Means.

SB 4--Ways and Means.

SB 5--Ways and Means.

SB 6--Ways and Means.

SB 7--Public Health and Welfare.

SB 8--Public Health and Welfare.

SB 9--Insurance and Housing.

SB 10--Transportation.

SB 11--Judiciary.

SB 12--Public Health and Welfare.

SB 13--Ways and Means.

SB 14--Ways and Means.

SB 15--Local Government and Economic Development.

SB 16--Ways and Means.

SB 17--Transportation.

SB 18--Civil and Criminal Jurisprudence.

SB 19--Transportation.

SB 20--Insurance and Housing.

SB 21--Civil and Criminal Jurisprudence.

SB 22--Aging, Families and Mental Health.

SB 23--Labor and Industrial Relations.

SB 24--Local Government and Economic Development.

SB 25--Public Health and Welfare.

SB 26--Elections, Veterans' Affairs and Corrections.

SB 27--Elections, Veterans' Affairs and Corrections.

SB 28--Insurance and Housing.

SB 29--Pensions and General Laws.

SB 30--Agriculture, Conservation, Parks and Tourism.

SB 31--Ethics.

SB 32--Labor and Industrial Relations.

SB 33--Ways and Means.

SB 34--Financial and Governmental Organi-zation.

SB 35--Ways and Means.

SB 36--Elections, Veterans' Affairs and Corrections.

SB 37--Local Government and Economic Development.

SB 38--Labor and Industrial Relations.

SB 39--Civil and Criminal Jurisprudence.

SB 40--Education.

SB 41--Education.

SB 42--Local Government and Economic Development.

SB 43--Financial and Governmental Organi-zation.

SB 44--Public Health and Welfare.

SB 45--Public Health and Welfare.

SB 46--Judiciary.

SB 47--Ways and Means.

SB 48--Insurance and Housing.

SB 49--Civil and Criminal Jurisprudence.

SB 50--Pensions and General Laws.

SB 51--Transportation.

SB 52--Ways and Means.

SB 53--Ways and Means.

SB 54--Elections, Veterans' Affairs and Corrections.

SB 55--Civil and Criminal Jurisprudence.

SB 56--Transportation.

SB 57--Ways and Means.

SB 58--Ways and Means.

SB 59--Education.

SB 60--Ways and Means.

SB 61--Agriculture, Conservation, Parks and Tourism.

SB 62--Pensions and General Laws.

SB 63--Ways and Means.

SB 64--Ways and Means.

SB 65--Ways and Means.

SB 66--Civil and Criminal Jurisprudence.

SB 67--Financial and Governmental Organi-zation.

SB 68--Ways and Means.

SB 69--Ways and Means.

SJR 1--Judiciary.

SJR 2--Judiciary.

SJR 3--Elections, Veterans' Affairs and Corrections.

SJR 4--Ways and Means.

SJR 5--Elections, Veterans' Affairs and Corrections.

SJR 6--Education.

SJR 7--Ways and Means.

SJR 8--Pensions and General Laws.

SJR 9--Pensions and General Laws.

SJR 10--Education.

SJR 11--Ways and Means.

SJR 12--Civil and Criminal Jurisprudence.

SJR 13--Civil and Criminal Jurisprudence.

SJR 14--Ways and Means.

SJR 15--Ways and Means.

SJR 16--Judiciary.

SJR 17--Ways and Means.

INTRODUCTION OF BILLS

The following Bill was read the 1st time and 1,000 copies ordered printed:

SB 261-By Howard.

An Act to repeal sections 199.170 and 199.180, RSMo 1994, and section 199.230, RSMo Supp. 1998, relating to the treatment of tuberculosis, and to enact in lieu thereof three new sections relating to the same subject.

RESOLUTIONS

Senator Staples offered the following resolution, which was read and adopted:



SENATE RESOLUTION NO. 55

WHEREAS, from time to time the members of the Missouri Senate pause to recognize the meritorious endeavors of exceptional young Missourians, a most delightful task which this legislative body embraces with great enthusiasm; and

WHEREAS, Deborah McDonald of Alton, Missouri, enjoyed the honor, glory, and distinction of being selected Miss Missouri 1998 last June; and

WHEREAS, the daughter of Helen and the late Bill McDonald, Deborah was born March 14, 1974, in West Plains, Missouri, and grew up with the love and companionship of two sisters, Rebecca Lynn and Rachel Suezan, and one brother, William Brian; and

WHEREAS, currently taking courses toward her doctorate at the University of Missouri, Deborah McDonald prevailed as the third runner-up in the Miss America Pageant where she won over $30,000 in scholarships that aided her in graduating cum laude with a Bachelor's degree in Marketing and a Master's degree in Business Administration; and

WHEREAS, a charming young lady who graciously shares her intelligence, wisdom, and sense of humor, Deborah McDonald tours the state singing and fulfilling speaking engagements with schools, businesses, and civic groups; and

WHEREAS, prior to her reign as Miss Missouri, Deborah McDonald worked successfully as a radio personality on both talk radio and country stations, as a Promotions Director, and as an Account Executive:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Ninetieth General Assembly, join unanimously in extending our most hearty congratulations to Deborah McDonald upon her selection as Miss Missouri 1998 and in wishing her the best of luck throughout her reign and in all her future endeavors; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Miss Missouri 1998, Deborah McDonald.

INTRODUCTIONS OF GUESTS

Senator Staples introduced Miss Missouri 1998, Deborah McDonald, Alton.

Ms. McDonald assumed the dais and addressed the members of the Senate.

President Wilson resumed the dais.

RESOLUTIONS

Senator Stoll offered Senate Resolution No. 56, regarding Technical Education Week, which was adopted.

INTRODUCTIONS OF GUESTS

Senator Sims introduced to the Senate, Cathy McDougall, St. Louis.

Senator Singleton introduced to the Senate, Kristen Tuohy, Seneca.

On motion of Senator DePasco, the Senate adjourned under the rules.